Search Options
Judgment Advanced Search
Displaying 261-280 of 305 results.
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
....ing subordinate to the High Court Division has been negatived He at first leveled his criticism against the draftsman whose lack of care in drafting the particular piece of legislation led to this unnecessary confusion. Since distinction exists between the two exprÂessions, namely, "District J......d Rangpur in Writ Petition Nos. 1, 13, 109 of 1985 and Civil Revision No. 105 of 1985 respectively.) Judgmen Fazle Munim CJ. - In all these appeals the common question of law which has arisen for determination is what procedure is avaiÂlable to a person for challenging the order passed by..Category: Election Law | Date: | Hits: 154
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
.... as follows: "38. (1) If— (a) the name of any person is fraudÂulently or without sufficient cause entÂered in or omitted from the register of members of a company; or (b) default is made or unnecessary delay takes place in entering on the regisÂter the fact of any person having ceased to .................... Respondents (In both the appeals). Judgment August 22, 1984. Result: The appeals are allowed. The Companies Act, 1913 (VIII of 1913), Sections 38, 162, 184 The prayer for winding up of the Company under section 162 of the Companies Act and Prayer for rectification of..Category: Company Law | Date: | Hits: 195
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....g authority, namely, the Additional Deputy Commissioner decided upon derequiÂsition of the plots, the latter should have passed orders in the matter without seeking approval of Government, which was unnecessary. ReferÂence in this connection has been made to the decision in the case of Mst. AH Beg......ilgaon, P. S. Tejgaon in L. A. Case No. 91 of 1962-63, under the East Bengal (Emergency) Requisition of Property Act, 1948 (hereinafter referred to as "The ReÂquisition of Property Act") and praying for a direction to derequisition certain other lands including plot Nos. 713 and 714 of the said Mou..Category: Property Law | Date: | Hits: 48
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....e which is easily understood and does not require knowledge of difficult expressions used in some laws to "understand what jurisdiction was being conferred and at the same time makes it unnecessary that the formalities which attach to the issuing of writs in countries the Courts of ...... 3 of the Special Powers Act, 1974 because of his alleged prejudicial activities. Prior to the order passed by the vacation Bench on the 12th September, 1974 enlarging the detenu on bail for a period of two months and fifteen days on the ground of his illness, another Bench had issued ..Category: Criminal Law | Date: | Hits: 85
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....ion in the instant case. There is no doubt, and we agree with the views expressed by learned Counsel, that the provisions of the said two Articles are very extraordinary and they are likely to entail unnecessary hardÂships and injustice in some cases but such conÂsideration should not deflect a Co......O. 50''). For a proper appreciation of question involved in these appeals, it is necessary to refer, at the outset, to the provisions of Article 10 of P.O. 50 and Article 14 of P.O. 8 which, exfacie, forbid the grant of bail to persons convicted of offences under the two Orders. The provision of ..Category: Criminal Law | Date: | Hits: 104
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....y, inclusion in the definition of "decree" of the provision "the determination of any question within section 144 or the provision barring a suit for restitution conÂtained in s. 144(2) will also be unnecessary". 19. Conscious avoidance of any reference to execution in s.144 clearly shows that ...... Divison dated July 24, 1979 in S.M.A. No. 45 of 1970 reversing the judgment and order of the Subordinate Judge who on setting aside the judgment and order of the Trial Court held that an application for restitution under section 144 of the Civil Procedure Code is governed by Article 181 of Schedule..Category: Procedural Law | Date: | Hits: 111
Commissioner of Income Tax, Dacca Vs. Adamjee Sons Ltd., 1982, 11 CLC (AD)
....ffect from 1.4.1965. The intention of the amendment was to have a uniform statutory methods of adjustment instead of different types of adjustments by different officers and resulting in unnecessary and protracted litigations. Under the amended provisions the valuation of assets i......order of the High Court Division in an application under section 27 (1) of the Wealth Tax Act, 1972. The respondent was assessed to Wealth Tax by the Wealth Tax Officer, Companies Circle (I), Dacca for the assessment year 1963/64 on a total sum of Tk. 2,96,61,282/- by an order dated 14.6 1968 as..Category: Fiscal/Taxation Law | Date: | Hits: 73
Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)
....at earlier report was not based on proper examination a second report directed to be submitted by the High Court Division is uncalled for. The learned Attorney General submits that this will be an unnecessary and futile exercise. 5. Mr. M Amir-ul Islam, learned Counsel ...... The case diary is being maintained by the Investigating Officer and legally this cannot be looked into by any one except of course, by the Public Prosecutor. In a proper case for its satisfaction a Court may themselves peruse the dairy but it cannot be made a public documen..Category: Criminal Law | Date: | Hits: 65
Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
....lam, learned Counsel appearing for the appellants, submits that having regard to the facts and circumstances of the case, the application for amendment filed by the plaintiff-respondents being wholly unnecessary and was filed merely to obtain an order of remand to fill in the lacuna in evidence and ....................... Appellants Vs. Zafala Begum and others...............Respondents Judgment January 6, 2002. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Before allowing any amendment to the plaint the Court must come to a finding that such amendment is ne..Category: Procedural Law | Date: | Hits: 114
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....haka was impleaded as defendant No.1 "only to institute the suit at Dhaka challenging the decree passed by the Court at Rangpur" and thereupon held that Uttara Bank Limited, Head Office, Dhaka was an unnecessary party in Title Suit No. 135 of 1995 "since the appellant had challenged the ex parte dec......seeking rejection of the plaint of Title Suit No. 135 of 1995. 2. The genesis of the Title Suit No. 135 of 1995 is that the Respondent No.2 filed Artha Rin Adalat Case No. 55 of 1990/82 of 1982 before the Court of Subordinate Judge and Artha Rin Adalat, Rangpur impleading the appellant as the so..Category: Civil Law | Date: | Hits: 130
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....d against those persons. Summoning of the additional accused is a part of the proÂceeding initiated by his taking cognizance of the offence alleged by the complainant or the prosecution. 9. It is unnecessary to review the decisions on the point any further and the preponderÂance of the judicial......olice case and since the police did not submit charge-sheet, he is not authorized by law to take cognizance agaÂinst these appellants………………(10) The Magistrate has been given the power for using discretion whether to proceed by way of issuÂing processes or not by the Court………â€..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....ustice Munim, where in, I find that his lordship has carefully noted the facts of the case and submissions made at the bar by the learned Counsels appÂearing for the different parties. I consider it unnecessary to repeat them. I, however, felt myself unable to accept the view that my lords took at ......ve any retrospective operaÂtion on the pending cases………………….(31) per Fazle Munim, J. The High Court DiviÂsion acted in excess of its jurisdiction in quashing the proceedings before the Special Tribunal which is not subordinate to the High Court Division……………(36) per..Category: Criminal Law | Date: | Hits: 66
Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)
....under section 145 of the Code of Criminal Procedure is the same. In a suit filed for declaration of title to property when it stands attached under section 145 of the Criminal Procedure Code, it is unnecessary to ask for the further relief of delivery of possession. It is unnecessary to ask for ......neous Appeal No. 120 of 1974 affirming the order of the Subordinate fudge, Noakhali, refusing to recall appointment of receiver in Other Class Suit No. 137 of 1974. 2. Short facts necessary for the disposal of this appeal may be stated as follows: The appellant, who is the plaintif..Category: Civil Law | Date: | Hits: 112
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....every order of detention that facts other than given in the order of detention were not given as their disclosure was considered to be against the public interest. Such an insertion will create an unnecessary scare in the mind of the detenu. If the detenu asks for further particulars the Governm......der section (3)(1)(a) of the Special Powers Act, 1974. 3. In the grounds of detention it is stated that the detenu had been engaged in various anti‑social and unlawful activities, and for that there was resentment and hatred against him in the minds of the public. The detenu was pre..Category: Criminal Law | Date: | Hits: 88
Golam Md. Vs. Sr. S N Kanangoe being dead his heirs Sr. Biman B Kanangoe & ors., 1993, 22 CLC (AD)
....in Khan, 34 DLR (AD) 221 that the earlier case could not have, been dismissed on the ground of maintainability alone and that the other findings therein were neither obiter dicta nor irrelevant or unnecessary as would be outside the bar of res judicata. Leave was also granted to consider the app...... setting aside the Judgment and order of the learned Subordinate Judge, 1st Court, Chittagong dated 25.5.78 in Miscellaneous Case No. 274 of 1976 dismissing the pre-emptor-respondents' application for pre‑emption under section 24 of the Non-Agricultural Tenancy Act, seeking to pre-empt the..Category: Property Law | Date: | Hits: 85
Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)
....ut independent corroboration, then the Judge should give some indication in his Judgment that he has/had this rule of caution in his mind and then should proceed to give reasons for considering it unnecessary to require corroboration and for considering that it was safe to convict the accused in......udgment and order passed by the Special Tribunal, Court No. 11, Dhaka in Special Tribunal Case No. 135 of 1989 convicting the appellants and sentencing each of them to suffer rigorous imprisonment for 7(seven) years and to pay a fine of Taka 500.00, in default to suffer rigorous imprisonment for..Category: Criminal Law | Date: | Hits: 66
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
.... under section 25B of the said Act and after trial he was rightly convicted under section 25B of the Act. The addition of the words "read with section 156(8)" in the charge is superfluous and totally unnecessary. This addition has not affected the Tribunal's jurisdiction to try the offence. 3. In......particularly of gold has been defined in the Special Powers Act and this definition is exactly the same as that of smuggling under section 156(8) of the Customs Act. The offence is one and same. Therefore there is no question of joinder or misÂjoinder of charges. Though it has been made punishable ..Category: Criminal Law | Date: | Hits: 132
Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
....r adjudication by a civil Court and it is not his case before the High Court Division in writ that his grievance can be met merely by looking at law on agreed facts, so that this pursuit of a suit is unnecessary. He came to lay before the writ jurisdiction the same questions of fact which he earlier......ard of Intermediate and Secondary Education, Dhaka (respondent No. 4 herein) to the Chairman, Bangladesh Civil Aviation Authority, Kurmitola, Dhaka (Respondent No. 5 herein) requesting, the latter to form an ad hoc Committee as a first step in the formation of a regular Managing Committee of the Sta..Category: Property Law | Date: | Hits: 86
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....orter‑plaintiff and the buyer, the bank. Kh. M Ahmed contends that what had transpired between the importer and the foreign exporter is not an issue between the importer and the buyer and that this unnecessary question was raised by the defendant at the time of taking delivery of the cars just to ......Judgment November 29, 1993. Result: The appeal is dismissed. The Sale of Goods Act, 1930 (III of 1930), section 61 (2) The Contract Act, 1872 (IX of 1872), section 73 The order for payment of Taka 33 lac is covered both by the general principles governing payment of interest f..Category: Business or Commercial Law | Date: | Hits: 128
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....se back to the trial Court for a retrial in accordance with law. This is evidently for the benefit of the petitioner. Filing of the petition for leave to appeal before the Appellate Division is an unnecessary exercise which has caused the petitioner long three years. This is highly deprecated. &......08), Section 115 The High Court Division exercising power under section 115 CPC set aside the decree illegally passed by the learned District Judge and sent the case back to the trial Court for a retrial in accordance with law. This is evidently for the benefit of the petitioner. Filing o..Category: Property Law | Date: | Hits: 51
16141597158615821577154315061356133812921275123412291204120312011186115211311101